Terms of Service

The service provider is Bartosz Różycki, a sole proprietorship at ul. Bednarska 26 lok. 56, 93-030 Łódź, Poland, NIP 7292772054, REGON 545403173, entered in the Polish Central Register and Information on Economic Activity (CEIDG).

Email address for contact and complaints: team@albumqr.io.

1. 1.1These Terms constitute the terms of service for the electronic provision of services within the meaning of Article 8 of the Polish Act of 18 July 2002 on the provision of services by electronic means.
2. 1.2These Terms are made available free of charge at albumqr.io/en/terms in a form that allows them to be downloaded, stored and printed.
3. 1.3Using the Service means you have read these Terms and accept them.

Capitalised terms used in these Terms mean:

• Provider — Bartosz Różycki, the sole proprietorship identified in clause 1 of these Terms
• Service — the AlbumQR application available at app.albumqr.io, which allows photos to be collected from event participants via a QR code
• Organizer — the natural person, legal person or organisational unit that purchases access to the Service and creates an Album
• Guest — a person who scans the QR code and uploads photos to an Album; no account is required
• Album — the photo gallery created by the Organizer for a specific event, together with its QR code
• Plan — the paid access tier defining the features, limits and active period of an Album
• Consumer — a natural person entering into a contract with the Provider for purposes not directly related to their business or professional activity, as well as a sole trader treated as a consumer under Article 7aa of the Polish Consumer Rights Act
• Contract — the contract for the supply of digital content or a digital service concluded between the Provider and the Organizer on the terms set out here

1. 3.1The Service consists of providing the Organizer with the infrastructure to create an Album, generate a QR code, and collect and share photos uploaded by Guests.
2. 3.2The Provider supplies the Service electronically, without the simultaneous presence of the parties, over the internet.
3. 3.3The Provider acquires no copyright in photos uploaded by Guests or in content entered by the Organizer.
4. 3.4The Provider may introduce functional changes that develop the Service, provided they do not reduce the scope of what the purchased Plan covers.

By concluding the Contract the Organizer accepts these Terms and acknowledges the data processing rules described in the Privacy Policy.

Using the Service properly requires the following:

• a device with internet access;
• a current version of the Chrome, Safari, Firefox or Edge browser with JavaScript and cookies enabled;
• for Guests — a camera on the device or an application capable of reading QR codes;
• an active email address — for Organizers only.

1. 5.1The Contract is concluded when the Organizer successfully pays for the selected Plan.
2. 5.2Before placing an order the Organizer is informed of the main characteristics of the service, the total price and the rules on withdrawal.
3. 5.3Placing an order carries an obligation to pay; the button completing the order is labelled accordingly.
4. 5.4Confirmation of the Contract together with these Terms is sent to the Organizer's email address on a durable medium.
5. 5.5The Organizer's account is created using Google sign-in (OAuth); the Provider does not store Google account passwords.

1. 6.1The Organizer uses the Service in accordance with the law, these Terms and good practice.
2. 6.2The Organizer does not give access to the Album management panel to unauthorised persons and secures their account against third-party access.
3. 6.3The Organizer observes the limits of the purchased Plan and takes no steps to circumvent them.
4. 6.4The Organizer promptly removes from the Album any content infringing the law or third-party rights of which they receive credible notice.
5. 6.5As controller of Guests' personal data, the Organizer fulfils the information obligations under Articles 13 and 14 GDPR.

1. 7.1A Guest uploads only photos to which they hold the rights or for which they have obtained the consent of the persons entitled.
2. 7.2By uploading a photo the Guest grants the Organizer a non-exclusive, royalty-free licence to reproduce and display it in the Album for the Album's active period, retaining full economic copyright.
3. 7.3A Guest is not required to create an account or to provide any data beyond a voluntarily entered name and message.

It is prohibited to upload content that:

• is unlawful, in particular pornographic content, content promoting violence or inciting hatred;
• infringes personal rights, copyright or the image rights of third parties;
• contains malicious software or is intended to disrupt the Service;
• constitutes unsolicited commercial communication.

1. 8.1The Provider holds the rights to the Service, including the software, the interface, the database, the AlbumQR sign and the site materials. The Contract transfers none of these rights to the Organizer and grants no licence beyond using the Service in accordance with the Terms.
2. 8.2The Organizer and the Guest retain full copyright in the photographs they upload and the content they enter.
3. 8.3By uploading a photograph or other content, the Organizer and the Guest grant the Provider a non-exclusive, royalty-free licence to reproduce, store, create thumbnails and derivative formats of, and make that content available within the Album — solely to the extent and for the period necessary to provide the Service.
4. 8.4The licence expires when the content is deleted or when the Album's active period ends, subject to backup copies erased in the ordinary course of their overwriting cycle.
5. 8.5The Provider does not use the Organizer's or Guests' photographs for marketing or promotional purposes without the Organizer's prior, separate consent.

The current price list is available at app.albumqr.io/pricing. Prices are gross and include VAT. The fee is a one-off payment.

Prices are quoted in Polish zloty. For international payments the amount in euro is calculated at the time of the transaction using the current exchange rate applied by the payment provider.

1. 9.1Domestic payments are handled by PayPro S.A. (Przelewy24) and international payments by Stripe Inc.; the Provider does not store payment card data.
2. 9.2The fee is a one-off payment — the Service involves no subscription and no automatically renewing charges.
3. 9.3At the Organizer's request made at the time of purchase, the Provider issues an invoice and sends it to the email address given.
4. 9.4The Provider may change the price list; a change does not affect Plans purchased before it takes effect.

1. 10.1A Consumer may withdraw from the Contract without giving a reason within 14 days of its conclusion by making a statement to that effect.
2. 10.2Sending the statement before the deadline is sufficient to meet it — by email to team@albumqr.io or in writing to: Bartosz Różycki, ul. Bednarska 26 lok. 56, 93-030 Łódź, Poland.
3. 10.3On withdrawal the Provider refunds the payment received without undue delay and no later than 14 days, using the same means of payment, unless the Consumer expressly agrees otherwise.
4. 10.4The right of withdrawal does not apply where the Provider has fully performed the digital service with the Consumer's express prior consent, the Consumer having been informed before performance began that they would lose the right of withdrawal and having acknowledged this — that is, once the Album is activated (Article 38(1)(13) of the Polish Consumer Rights Act).
5. 10.5Until the Album is activated the right of withdrawal applies in full.

Model withdrawal form

You may use the form below, but you are not obliged to. Any unambiguous statement of withdrawal is sufficient.

1. 11.1An Album remains active for the period stated in the Plan, counted from the event date given by the Organizer.
2. 11.2Once the active period ends Guests can no longer upload photos, and the Organizer retains access to the material collected on the terms set out in the Privacy Policy.
3. 11.3The Provider makes every effort to keep the Service available 99 per cent of the time each month, but does not guarantee uninterrupted operation.
4. 11.4The Provider may carry out planned maintenance, giving advance notice where circumstances allow.
5. 11.5Photos uploaded to an Album are screened automatically for prohibited content; a photo flagged as prohibited is hidden and marked as rejected. Objections to such a decision may be raised at team@albumqr.io.
6. 11.6The Provider may disable access to unlawful content on obtaining credible notice of its unlawful character, in accordance with Article 14 of the Polish Act on the provision of services by electronic means, and informs the Organizer when it does so.

The Service is a hosting service within the meaning of Article 3(g) of Regulation (EU) 2022/2065 (the Digital Services Act). Anyone may report content they consider illegal by sending a notice to team@albumqr.io. That address is also the point of contact for recipients of the service and for the authorities of the Member States, the Commission and the European Board for Digital Services referred to in Articles 11 and 12 of that Regulation. Contact is available in Polish and English.

A notice should contain:

• an explanation of why the notifying party considers the content illegal;
• a precise indication of where the content is located — the URL of the Album and of the photograph or other content;
• the name and email address of the notifying party, unless the notice concerns an offence against sexual freedom and decency involving minors;
• a statement that the notifying party believes in good faith that the information in the notice is accurate and complete.

1. 12.1The Provider confirms receipt of a notice without undue delay and processes it in a timely, non-arbitrary, objective and diligent manner.
2. 12.2A notice containing all of the elements listed above is treated as giving rise to actual knowledge of the illegal nature of the content.
3. 12.3The Provider informs the notifying party of the decision taken, stating also whether automated moderation tools were used in reaching it.
4. 12.4Where content is removed, hidden or has its visibility restricted, the Provider gives the Organizer a statement of reasons covering the scope and ground of the restriction, the facts relied on, whether automated tools were used, and how the decision may be contested, in accordance with Article 17 of Regulation (EU) 2022/2065.
5. 12.5A moderation decision may be contested by writing to team@albumqr.io. The case is reviewed by a human and the Provider communicates the outcome within 14 days of receiving the objection.

1. 13.1Complaints about the Service may be submitted by email to team@albumqr.io or in writing to the Provider's address.
2. 13.2A complaint should include contact details, the email address linked to the account, and a description of the issue together with the remedy sought.
3. 13.3The Provider examines the complaint and replies within 14 days of receipt, on a durable medium.
4. 13.4Failure to reply to a Consumer's complaint within that period means the complaint is upheld.
5. 13.5The Provider is liable to the Consumer for conformity of the service with the Contract on the terms set out in Chapter 5b of the Polish Consumer Rights Act.
6. 13.6If the Service is not in conformity with the Contract, the Consumer may request that it be brought into conformity; the Provider does so within a reasonable time of receiving the request, without significant inconvenience to the Consumer and at its own cost.
7. 13.7Where bringing the Service into conformity is impossible or would require excessive cost, and also where the Provider has failed to bring it into conformity or has done so with significant inconvenience, the Consumer may declare a price reduction or withdraw from the Contract.
8. 13.8Withdrawal is not available where the lack of conformity is immaterial; a lack of conformity is presumed to be material.

1. 14.1The Service is provided as it stands, subject to statutory liability for conformity of the service with the Contract.
2. 14.2The Provider is not liable for content uploaded by the Organizer or Guests, nor for how the Organizer uses the Album.
3. 14.3The Provider's liability towards an Organizer who is not a Consumer is limited to the fee paid for the Plan and does not extend to lost profits.
4. 14.4The Provider is not liable for non-performance or improper performance of the Contract caused by force majeure or by failures on the part of infrastructure providers beyond its control.
5. 14.5The limitations above do not apply to damage caused intentionally or to rights the Consumer holds under mandatory provisions of law.

1. 15.1The Organizer may delete their account together with all Albums at any time from the Service panel; deleting the account terminates the Contract.
2. 15.2Deleting the account before the Album's active period ends does not entitle the Organizer to a refund, unless grounds for withdrawal or for liability for lack of conformity apply.
3. 15.3The Provider may terminate the Contract on 14 days' notice where the Organizer grossly and persistently breaches these Terms, after first calling on them without success to stop the breach.
4. 15.4Where the Contract is terminated for reasons attributable to the Provider, the Organizer is entitled to a refund proportionate to the unused part of the Album's active period.

1. 16.1A Consumer may use out-of-court means of handling complaints and pursuing claims, in particular mediation before the regional inspectorates of the Polish Trade Inspection and the permanent consumer arbitration courts.
2. 16.2Free assistance with a consumer dispute is available from municipal and district consumer ombudsmen and from social organisations working in consumer protection.
3. 16.3A Consumer may also use the EU online dispute resolution platform (ODR) at ec.europa.eu/consumers/odr.
4. 16.4Use of these procedures is voluntary and requires the agreement of both parties to the dispute.

This clause constitutes a data processing agreement within the meaning of Article 28 of Regulation (EU) 2016/679 (GDPR). In relation to Guests' personal data processed through the Service the Organizer is the controller and the Provider is the processor. Concluding the Contract also concludes this data processing agreement.

As processor, the Provider undertakes to:

• (a) Process only on the controller's documented instructions — The Provider processes Guests' personal data only to the extent and for the purposes necessary to deliver the Service — storing photos, generating thumbnails and displaying the gallery — in accordance with the Organizer's documented instructions expressed through the Album configuration. Processing for any other purpose requires the Organizer's separate written consent.
• (b) Ensure confidentiality of authorised persons — Persons authorised to process personal data on the Provider's behalf are bound by confidentiality or subject to an appropriate statutory obligation of secrecy.
• (c) Apply security measures (Article 32 GDPR) — The Provider has implemented appropriate technical and organisational measures, in particular HTTPS/TLS transport encryption, direct photo uploads to Amazon S3 using presigned URLs valid for 15 minutes, encryption at rest (AWS S3 SSE-S3), private gallery access restricted by signed CloudFront cookies valid for 24 hours, and rate limiting on file upload endpoints.
• (d) Engage sub-processors — The Organizer gives general authorisation for the Provider to engage the following sub-processors: Vercel Inc. (hosting), Amazon Web Services EMEA SARL (photo storage, delivery and automatic image analysis, eu-central-1 region), Neon Inc. (database), PayPro S.A. and Stripe Inc. (payments) and Google LLC (OAuth sign-in, optional Google Drive). The Provider gives advance notice of intended changes to the list of sub-processors, allowing the Organizer to object.
• (e) Assist the controller in responding to data subjects — The Provider assists the Organizer in fulfilling the obligation to respond to requests from data subjects exercising their rights of access, rectification, erasure, portability, restriction and objection. Requests should be sent to team@albumqr.io.
• (f) Delete or return data once the service ends — On termination of the Contract or expiry of the Album's active period the Provider deletes or returns the personal data of the Organizer and Guests, as the Organizer requests in writing, in accordance with Article 28(3)(g) GDPR, unless Union or Member State law requires further storage.
• (g) Cooperate and submit to audits — The Provider makes available to the Organizer all information necessary to demonstrate compliance with the obligations laid down in Article 28 GDPR and allows for and contributes to audits and inspections, in accordance with Article 28(3)(h) GDPR. Audit requests should be sent to team@albumqr.io.
• (h) Report unlawful instructions — If the Provider considers that an instruction from the Organizer infringes the GDPR or other data protection provisions, it informs the Organizer immediately, before carrying out the instruction.

For matters concerning data processing, please contact us at team@albumqr.io.

1. 18.1Matters not governed by these Terms are subject to Polish law, in particular the Civil Code, the Act on the provision of services by electronic means and the Consumer Rights Act.
2. 18.2The choice of Polish law does not deprive a Consumer of the protection afforded by mandatory provisions of the law of their country of habitual residence.
3. 18.3Organizers with an active account are notified of changes to these Terms by email at least 14 days in advance; Contracts concluded before a change takes effect remain governed by the previous version.
4. 18.4If any provision of these Terms proves invalid or ineffective, the remaining provisions stay in force and the relevant provisions of law apply in place of the defective one.
5. 18.5Disputes with an Organizer who is not a Consumer are settled by the court having jurisdiction over the Provider's registered address.